Speaker of Parliament reports to Constitutional Court on Mutharika’s refusal to approve electoral law amendments

 

By Duncan Mlanjira

Speaker of Parliament, Catherine Gotani Hara has responded to the request from the Constitutional Court to report on President Peter Mutharika’s refusal to approve the electoral law amendments which the august House passed in February.

The Parliamentary Appointment Committee was also mandated to investigate on the capacity and competence of Malawi Electoral Commissioners and it recommended that they be removed in order not to conduct the fresh elections, but Mutharika also refused to approve the recommendations.

In her report made on March 25, 2020 as the National Assembly to the Constitutional Court through the Office of the Registrar of the High Court and Supreme Court of Appeal on the decision by the President’s refusal to approve the two recommendations, Gotani Hara also assures members of the public that Parliament shall continue “to abide by any court rulings as one way of ensuring that there is respect for separation of powers and the rule of law”.

The Constitutional Court, in its judgement of the Constitutional Reference case No: 1 of 2019 made on February 3, 2020, made specific orders directed at Parliament to use its legislative powers to enact legislation for Malawi Electoral Commission (MEC) and stakeholders to abide by the Constitution in the conduct of Presidential Election within a period of 21 day’s from the date of the judgment.

The Speaker says in line with the directives, the National Assembly met from Monday, 10th February to Friday 28th February, 2020 and made progress “in terms of the order to the Parliament of Malawi to amend the Parliamentary and Presidential Elections Act to ensure that the correct interpretation of Section 80(2) of the Constitution is provided in the Act”.

The National Assembly tabled and passed: 

*Private Member’s Bill No.3 of 2020: Parliamentary and Presidential Elections (Amendment); and 

*Private Member’s Bill No.5 of 2020: Parliamentary and Presidential Elections (Amendment) (No.2).

The Speaker continues to say it acted on the order to the Parliament of Malawi through the Public Appointments Committee, to investigate the capacity and competence of the current MEC Commissioners.

“The Public Appointments Committee interviewed Commissioners to enquire into their capacity and competence to conduct elections and the decision of the Committee was communicated to the State President, in accordance with Section 75 (4) of the Constitution, for further action,” says the Speaker.

“In respect of the order to the National Assembly to take legislative measures aimed at preserving the principle of certainty of the elections of the President as espoused in Section 67 of the Constitution considering that fresh presidential elections will be held within 150 days from the date of the Judgement of the Courts and that the winner will have to serve 5 years from the date of the swearing-in; the National Assembly tabled and passed a Private Members Bill No.4 of 2020 Parliamentary and Presidential Elections (Amendment) (No.2).

“In terms of the order to the Parliament of Malawi to amend the appropriate section of the Electoral Commission Act in order to provide for an appointing authority for the Chairman of the Electoral Commission as envisaged by Section 75(1) of the Constitution, the National Assembly tabled and passed:

*Private Member’s Bill No.2 of 2020: Private Member’s Bill No.2 of 2020; and

*Private Member’s Bill No.4 of 2020: Private Member’s Bill No.2 of 2020.”

The Speaker continues to say “in line with Section 73 of the Constitution of Malawi, the four Private Member’s Bills were sent to the President for his assent.”

“On 20th March, 2020, the National Assembly received communication from the President indicating that the President had withheld his assent to all the four Bills on 14th March, 2020.

“In line with Section 75(4) of the Constitution, the Public Appointments Committee submitted a Report to His Excellency, the President recommending the removal of current Commissioners of Malawi Electoral Commission.

“The Memoranda from the President, explaining the reasons for withholding assent and also reasons why the President has not approved the removal of MEC Commissioners as recommended by the Public Appointments Committee, were received by my office on 20th March, 2020.

“The National Assembly is proceeding to communicate the decisions of the President to the Constitutional Court through the Office of the Registrar of the High Court and Supreme Court of Appeal,” says the Speaker in her report.